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MONE v. GREYHOUND LINES, INC.

368 Mass. 354 (1975)

331 N.E.2d 916

MICHAEL E. MONE, administrator, vs. GREYHOUND LINES, INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 16, 1975.

Attorney(s) appearing for the Case

Thomas E. Connolly for the plaintiff.

Herbert S. O'Neill (John P. Donovan with him) for the defendants.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

TAURO, C.J.

The plaintiff brought this action as administrator2 of the estate of Dennis Brelsford, Jr., seeking to recover for the wrongful death of the child pursuant to G.L.c. 229, § 2.3 The defendants filed a motion for summary judgment, Mass. R. Civ. P. 56, 365 Mass. 824 (1974), on the ground that the "plaintiff's intestate is a stillborn infant who was never born alive." The judge allowed the motion...

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